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2009.10.05 ORD 2009-434
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2009.10.05 ORD 2009-434
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10/26/2017 2:12:00 PM
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City Council
Document Type
Ordinances
Meeting Date
10/5/2009
Meeting Type
Regular
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(5) Where the variance applies to any property within the Floodplain district, the <br />applicant shall be provided a notice stating that: <br />a. The issuance of a variance to construct a structure below the base flood <br />elevation will result in increased premium rates for flood insurance up to amounts <br />as high as $25.00 for each $100.00 of insurance coverage. <br />b. Construction below the 100 -year or regional flood level increases risk to life <br />and property. <br />(c) Findings required for approval. In order to recommend approval of a request for a variance <br />to this chapter the board must find that: <br />(1) The variance as requested is permissible by law. <br />(2) The strict enforcement of the ordinance would cause undue hardship because of <br />circumstances unique to the individual property not caused by the landowner. <br />(3) The granting of the variance would be in keeping with the spirit and intent of this <br />chapter. <br />(4) The property cannot be put to reasonable use without the granting of the variance. <br />(5) The variance, if granted, would not alter the essential character of the locality in <br />which it would be located. <br />(6) The variance, if granted, shall not have the effect of allowing, in any district, any use <br />prohibited in the district. <br />(7) The variance, if granted, shall not permit a lower degree of flood protection than <br />required by this chapter. The variance shall be determined the minimum necessary, <br />considering the flood hazard, to afford relief, and the variance shall not be issued within <br />any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />(8) The sewage treatment system and water system of the subject property is in <br />compliance with city and state codes. <br />(d) Basis for denial. A recommendation to deny a request for a variance must be made upon <br />finding that the request does not meet one or more of the following: <br />(1) Because of the particular physical surrounding, shape, or topographic conditions of <br />the specific parcel of land involved, a particular hardship to the owner would result, as <br />distinguished from a mere inconvenience, if the strict letter of the regulations were to be <br />carried out. <br />OJ <br />
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